The Federal Motor Carrier Safety Administration has unveiled a second round of changes to the Medical Examiner rule. In a request for comments, the Agency revealed a plan to require same day reporting of medical results to the Federal government.

FMCSA — already shaking up the industry by restricting Medi­cal Examiner status to a select few — has now proposed that driver medical results be report­ed to the Federal government. Under proposed new rules, Medical Examiners would be re­quired to send in the results of a DOT physical on the same day that it was performed.

To provide for the complicated logistics of this, FMCSA would create a new electronic report­ing system for doctors to use. FMCSA has also released a new Medical Examination Report Form for use during a DOT Physi­cal.

In a move that carriers may be pleased by, FMCSA has said that if this system is put in place, they would stop the requirement for a driver to provide a Medical Certificate to his or her employ­er and State Licencing Authority. The state would be able to look up the driver in an online regis­try.

Same Day Reporting

Under the proposed rule, a driver would visit a doctor (reg­istered on the National Registry of Certified Medical Examiners) and undergo a standard DOT Physical. The doctor would then be required to send the results of all the physicals done in a day to FMCSA via the online system.

This would include physicals that were failed as well as pass­es. FMCSA would then send the information to the appropriate state.

Essentially, this would take the burden of providing a Medi­cal Examiner’s Certificate off of the driver and onto the doctor. FMCSA would thereby remove the ability of a driver to go to another doctor if they don’t pass the physical.

This is a sign of the level of part­nership that FMCSA is trying to build with the National Registry of Certified Medical Examiners. These doctors will have received training on the safety implica­tions of the physical and the im­portance of driver fitness.

Online Reporting System

In the Notice of Proposed Rule­making, FMCSA has estimated that that electronic reporting system would save states and drivers $10.1 million every year. Interestingly, however, they cit­ed only a vague improvement in roadway safety:

“Although the safety benefits of this rule are difficult to fully quantify, the agency believes that the fraud prevention in electronic transmission of [med­ical certificates] will continue to improve safety on public roads,” FMCSA said in the NPRM.

Medical Examiners

This is the second wave in changes to the Medical Exami­nation process, however, FMCSA is far from ready with the first round of changes. Under that plan, drivers would no longer be able to visit any doctor to receive a DOT Physical. Instead, they would have to visit doctors who have received additional training on commercial driver requirements and have passed an examination.

This will dramatically reduce the number of doctors available to perform physicals. FMCSA has said that it expects about 40,000 registered doctors by the May, 2014 implementation date. As of April of this year, however, only 800 doctors had taken part. Reg­istration has been open since summer of 2012.

Commenting

Your comments are encouraged. This is your opportunity to make your voice heard. FMCSA does read all comments and responds to commonly cited complaints or concerns during the rulemak­ing process. You may submit comments identified by Docket Number FMCSA- 2012-0178 us­ing any of the following meth­ods:

• Web: http://www.regulations.gov.
• Mail: Docket Management Fa­cility, U.S. Department of Trans­portation, 1200 New Jersey Av­enue SE., West Building, Ground Floor, Room W12-140, Washing­ton, DC 20590-0001.
• Hand Delivery or Courier: Same address, between 9 a.m. and 5 p.m. E.T., Monday through Fri­day, except Federal holidays.
• Fax: 202-493-2251.

Two years ago, Recruiting Media, a division of Randall-Reilly pursued a suggestion from the CVTA and launched a Trucking’s Top Rookie contest to increase pride and professionalism among new drivers, and promote the truck driving career choice during a severe shortage of drivers. Through its many trucking periodicals and industry partners like Shell ROTELLA and the Red Eye Radio Network, Randall-Reilly was able to promote the contest and to recognize 29 nominees.

“We had a great response to last year’s contest  thanks to our sponsors and support from the association partnerships (TCA and their school committee, ATA, CVTA, NAPFTDS and PTDI),” Scott Miller, Senior Vice President, Sales for Randall-Reilly, said. “Trucking’s Top Rookie continues to grow and was recently endorsed as an official Image and Outreach Program by the American Trucking Associations. We also have an additional sponsor this year, Rand McNally. With $25,000 in cash and prizes plus more time for entries, this year’s contest promises to be bigger and better.”

Any CDL holder who has graduated from a PTDI certified, or NAPFTDS or CVTA member driver training school within the past year and has been employed by a trucking company for less than one year, is eligible for the award.

Nominations may be made by motor carrier employers, training organizations, the general public and/or other interested parties. There is a standardized nomination form, which can be completed online at www.truckload.org/rookie between May 15 and  June 21, 2012.

An expert panel of judges, which includes representatives from motor carriers, schools (both public and private), suppliers and trade associations, will identify 10 finalists. The winner will be interviewed by Eric Harley on RedEye Radio Network and will be recognized during a press conference at the Great American Truck Show in Dallas, TX.

The 2013 Trucking’s Top Rookie winner will receive: a $10,000 check; a custom plaque from Award Company of America, a property of Randall-Reilly; a RoadPro Getting Started Living On-The- Go Package; $1,000 cash and 100,000 MyRewards points from Pilot Flying J; a year’s supply of 5-Hour Energy drinks; a GPS unit and CB radio from Cobra Electronics; an American Trucking Associations “Good Stuff Trucks Bring It” package, and a Rand McNally Motor Carrier Road Atlas.

The other nine finalists will receive $1,000 and a similar prize pack.

Please nominate your deserving drivers today!

Harnessing Social Learning to Improve Employee Performance

More so than ever, institutions need to respond fast to market fluctuations and in order to do so, their workforce needs to be agile.  To develop an agile workforce, employees need to learn in real-time – not just on the rare occasion they are participating in a formal training opportunity.  Social learning empowers employees to find information or learn new skills when and where they need them. Additionally, it enhances formal training through collaborative, post-training interaction that can deepen employees’ understanding of topics addressed in formal courses. What is meant by social learning?    

Social learning is simply participating with others to make sense of new ideas.  For example, when a group of instructors casually gathers in their faculty lounge and an impromptu discussion begins on how to effectively use technology in the classroom, the dialogue and social interaction among the group is an example of real-time, social learning.  These interactions take place every day by default or design and contribute to employee development and performance.  The problem is that many institutions do no harness this existing form of learning already taking place within their institution.  It is ironic that many career colleges are trying to harness social learning in the classroom using web 2.0 technologies to enhance student learning but are not doing the same for their faculty and staff.  If social learning can improve collaboration, engagement, learning, and performance for students, why wouldn’t it do the same for faculty and staff?     

Interested in harnessing the benefits of social learning? Learn more about The Career College Lounge, the only social learning space dedicated to the career education community. 

Neenah, WI – J. J. Keller & Associates Inc.® has launched three new interactive online training courses – Hazmat Endorsement Practice Test, Cargo Securement: Dry Vans and Hours of Service Canada. These self-paced training courses are available anytime and anywhere there is an internet connection, tailoring the training experience to the user’s availability.

The Hazmat Endorsement Practice Test helps drivers prepare for the Hazmat Endorsement CDL test. It includes questions that closely mimic the actual test and explanations for incorrect responses. It features randomized questions that eliminate memorization and enhance learning.

Cargo Securement Dry Van features up-to-date training for dry van cargo securement based on the regulations and industry best practices. The course covers the key concepts and regulations for the loading and securing of all types of cargo in dry vans. This course is also available on CD-ROM.

HOS Canada features up-to-date training that helps drivers operating in Canada comply with Canadian Hours of Service requirements. It covers key concepts and practices including the hows and whys of Canada’s HOS regulations, along with topics including daily maximums, off-duty requirements, and weekly cycles. The course also features practical exercises that outline the rules and procedures and animated logging examples and worksheets that take drivers through the completion process.
To enroll in these courses, visit jjkeller.com/102477.

About J. J. Keller & Associates, Inc.®
Since its beginning as a one-man consulting firm in 1953, J. J. Keller & Associates, Inc.® has grown to become the most respected name in safety and regulatory compliance. Now over 1,200 associates strong, J. J. Keller serves over 350,000 customers — including 90% of the Fortune 1000. The company's subject matter expertise spans nearly 1,500 topics and its diverse solutions include interactive and online training, online management tools, managed services, advisory services, publications, forms and supplies.

J. J. Keller helps transportation professionals build a smarter compliance program through its vast selection of transport-specific products and services, from E-logs and mobile technology to on-demand training and fleet management systems. For more information, visit visit jjkeller.com.
For more information, contact:
Mary Borsecnik
Corporate Marketing Communications Specialist
J. J. Keller & Associates, Inc.®
1-800-843-3174, ext. 7050
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

J. J. Keller Celebrates 60 Years of Helping Guide Companies in Compliance, Safety and Best Practices
 
Neenah, WI — In 2013, the “Diamond K” logo of J. J. Keller & Associates, Inc.® will take on new meaning as the company begins a year-long celebration of its 60th “Diamond” Anniversary (officially November 1, 2013).

John “Jack” Keller established the company in downtown Neenah, Wis. in 1953, as a one-man regulatory consulting, warehousing and insurance underwriting operation.

As government regulations evolved and new compliance challenges materialized, the company kept pace with new product and service offerings, building a solid reputation for providing companies in a variety of industries with solutions that help them manage safety and regulatory compliance.

“Over the years, we have seen markets develop and grow, and we’ve adapted accordingly,” said Robert Keller, Chairman of J. J. Keller. “We believe we have contributed positively to that growth and development by helping companies meet their safety and compliance goals and by supplying the industries we serve with cutting edge products and services that, as a whole, are unsurpassed by any other provider.”

Now the nation’s most-trusted source for safety and compliance solutions, J. J. Keller stays on top of new regulations and industry needs, and offers over 5,500 products and services for the transport, manufacturing, hazardous materials, human resources, construction, food and government markets.

At the core of the company’s success is a strong commitment to providing outstanding customer service and quality resources. J. J. Keller's subject matter experts research and write content, answer questions, and speak on subjects covering 1,500 topics.

“Throughout the years, we’ve promoted a number of core values among our associates,” said James Keller, President/CEO. “Today J. J. Keller associates continue to deliver these important values through quality products, dedicated customer service and innovative thinking.”

Along with growing the company, Jack and his wife Ethel Keller made it their personal mission to give back to the community. In 1990, Jack established the J. J. Keller Foundation in honor of Ethel’s 70th birthday. This private, independent family foundation provides charitable funding to many worthwhile organizations, especially those addressing the causes and consequences of poverty in the neighboring communities.

To date, gifts and commitments from the Foundation and funding programs have totaled more than $35 million.

J. J. Keller and its associates also support numerous charitable endeavors, such as Habitat for Humanity® home builds, United Way, Boy Scouts, Catalpa Health, and other benevolent work in the community.

Along with a commitment to community, J. J. Keller has demonstrated a commitment to the environment by achieving ISO 14001 certification, a standard aimed at reducing the environmental footprint of a business and decreasing pollution and waste.

Today, J. J. Keller remains a privately owned business. It ranks as one of the largest employers in Wisconsin’s Fox River Valley, employing over 1,200 associates and serving over 350,000 customers, including more than 90% of the Fortune 1000. While most associates work at the company’s four locations in Neenah and Appleton, a number of associates are located throughout the United States to provide personalized service to customers.

Celebration of the 60th anniversary will continue throughout 2013 with events and a J. J. Keller history book supplement highlighting the company’s changes and growth over the past 10 years. The company has also developed an online photo album that chronicles the history of J. J. Keller. It can be viewed at jjkeller.com/60years.

J. J. Keller Announces Sponsorship for 2013 Iditarod® Dallas Seavey Prepares to Defend Championship

Neenah, WI – Dallas Seavey fans are hoping for another victory in 2013 as he prepares to defend his championship in the 2013 Iditarod Alaskan sled dog race.

James and Rosanne Keller, representing J. J. Keller & Associates, Inc.®, have announced their sponsorship of the J. J. Keller/Dallas Seavey Iditarod Racing Team for the seventh consecutive year.

They will be the exclusive sponsor for 25-year-old Dallas Seavey, and will also sponsor longtime Iditarod musher Mitch Seavey, Dallas Seavey’s father.

To date, 68 mushers have signed up for the 2013 Iditarod, which will begin in Anchorage, Alaska on March 2 and end nine to thirteen days later in Nome.

The 2013 race will be Dallas’ seventh run to the famed Burled Arch. In that time, he has racked up a number of Iditarod records:

    •    2012 - Youngest musher to win the Iditarod — age 25
    •    2011 - Youngest musher to finish the race in a top five position — 4th place, age 24
    •    2010 - Seavey family record finish — 9 days, 10 hours and 4 minutes
    •    2010 - Youngest musher to win the GCI Dorothy Page Halfway Award — age 23
    •    2009 - Youngest musher to finish the race in a top ten position — 6th place, age 22
    •    2005 - Youngest musher to compete in the race — age 18

Since his big win in 2012, Dallas has been busy making celebrity appearances, creating promotional videos, running marathons, co-authoring a book with Mr. Keller, and trying to expand the fan base for the sport of mushing. In true musher style, Dallas also continued to develop his team, and as the 2013 Iditarod inches closer, he continues to spend most of his time getting his team ready for the race.

James J. Keller, President and CEO of J. J. Keller, has been following the team’s training and is in frequent contact with Dallas. “The J. J. Keller/Dallas Seavey Iditarod Racing Team is planning on defending our 2012 Championship. Dallas is in full training mode and is planning on a repeat … and he has the team to do it,” Keller said. “Follow the 2013 Iditarod and see if history can be made again.” James and Rosanne Keller will be in Nome to welcome the mushers across the finish line.
The 2013 race is the 20th Iditarod for Dallas’ father, Mitch Seavey. Mitch has ten top ten finishes and won the 2004 Iditarod.

About the J. J. Keller/Dallas Seavey Iditarod Racing Team
After meeting Dallas Seavey in Seward, AK, in 2006, James and Rosanne Keller created the J. J. Keller Extreme Transportation Solutions sponsorship to celebrate one of the original forms of transportation and to salute trucking professionals who dedicate themselves to transporting needed goods. To learn more about J. J. Keller’s sponsorship of Dallas Seavey, to order the new book “Born to Mush,” to view weekly training videos and photos sent from Dallas, and to follow the 2013 race, go to jjkeller.com/iditarod.

About J. J. Keller & Associates, Inc.®
Since our beginning as a one-man consulting firm in 1953, we’ve grown to become the most respected name in safety and regulatory compliance. Now over 1,200 associates strong, we serve over 350,000 customers — including 90% of the Fortune 1000. Our diverse offerings span nearly 1,500 topics and include mobile technology, interactive and online training, online management tools, managed services, advisory services, publications, forms and supplies.
Professionals in transportation, manufacturing, hazardous materials, construction, and human resources rely on our in-house expertise to reduce risk, improve compliance, and follow best practices. For more information, visit jjkeller.com.

About the Iditarod®
By far Alaska’s best-known sporting event, the Iditarod is a 1,150-mile sled dog race from Anchorage to Nome. Mushers and their sled dogs travel through jagged mountain ranges, frozen rivers, dense forest, desolate tundra and miles of windswept coast … battling below-zero temperatures, high winds, and long hours of darkness and isolation.
 

For more information, contact:
Mary Borsecnik
Corporate Marketing Communications Specialist
J. J. Keller & Associates, Inc.®
1-800-843-3174, ext. 7050
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

FOR IMMEDIATE RELEASE, Media Contact:
Chris Spinks
This email address is being protected from spambots. You need JavaScript enabled to view it. , 214.978.4824
Ken Coffin, US Forest Service
This email address is being protected from spambots. You need JavaScript enabled to view it. , 970-878-6001

U.S. Capitol Christmas Tree Festivities Scheduled For November 15th At House of Blues Dallas

Dallas, TX (11/5/12) – On November 15, 2012, the U.S. Forest Service with help from their nonprofit partner, Choose Outdoors will be bringing the US Capitol Christmas Tree (CapitolChristmasTree2012.com) to Dallas, TX and invites all people young and old to come celebrate this annual holiday tradition.

On November 2, the 2012 U.S. Capitol Christmas Tree was harvested in the White River National Forest, near Meeker, CO. The tree was then wrapped and will be transported to Washington, D.C. on a custom-decorated Mack Pinnacle model truck which will be driven by former U.S. Senator, Ben Nighthorse Campbell.

The U.S. Capitol Christmas Tree will to be on display at 4:00 PM, Thursday, November 15th at House of Blues Dallas. This stop will be one of many along the tree’s 23-day tour across Colorado and the country on its way to the nation’s capital. All festivities with the Tree are open to the public and free for all to enjoy.

As the Tree travels the country, it will carry a message about sustainable forestry as well as invite people to assist with raising funds for the Forest Restoration Challenge. This challenge was set up to help areas impacted by the massive wildfires which devastated areas near Colorado Springs and Fort Collins in the spring of 2012. Those interested in donating can text any dollar amount to 303-502-5858 then donors will then be ask for some basic information to complete the donation. In addition, Toys for Tots will be accepting donations of toys, and ROTARY will accept contributions of coats and nonperishable foods.

Festivities being held while the Tree is in town will include presentations by public officials, visits with Santa and Mrs. Claus, ornament decorating, and a free performance by Country singer, Lindsay Lawler, who is also the spokesperson for the Truckload Carriers Association’s Highway Angel program. Lawler will perform Standing Tall, the winning song from more than 300 entries in the Sing 4 The Trees songwriting contest.

Special events and opportunities to view the tree are being planned in every stop across the country. Santa and Mrs. Claus will also be traveling with the Tree so be sure to have the little one's bring their list so they can show Santa.

“We’re working with city officials and volunteers across the country to make the 2012 U.S. Capitol Christmas Tree tour an unforgettable experience of both giving back and celebrating the holiday season,” said Bruce Ward, founder of Choose Outdoors.

Upon arrival in Washington, D.C., the tree will be placed on the west lawn of the U.S. Capitol and decorated with more than 5,000 ornaments handmade by Colorado children depicting the tree’s theme, “Celebrating the Great Outdoors.” In early December, a tree lighting ceremony will take place and will be available for public viewing throughout the holiday season.

Costs associated with the tree's transportation and tour events are made possible by contributions by individuals, corporations and local communities. Major sponsors include the Colorado Tourism Office, Mack Trucks and The National Association of Convenience Stores and Randall Reilly Publishing.

For more information on the Dallas, TX tour stop, visit hob.com/dallas. To track the tree’s route, visit CapitolChristmasTree2012.com or you can also follow the tree on Facebook (facebook.com/CapitolChristmasTree2012), Twitter (twitter.com/CapitolTree2012) and Pinterest (pinterest.com/capitoltree2012)

DOT Safety Regulation Update Fast-Fax™
Week of October 8, 2012
Foley Services Your Single Source for DOT Compliance

The Department of Transportation’s Office of Drug and Alcohol Policy and Compliance confirmed changes to the process by which heroin is identified in a urine sample. Under the new rules, testing for and identifying heroin use should be more streamlined.

Under the new rules, Laboratories and MROs will no longer be required to consult with one another about testing for morphine usage when the laboratory finds 6-AM in a urine sample. In a Final Rule issued on Wednesday, October 3, the Office of Drug and Alcohol Policy and Compliance chose to enact the rules unchanged from the Interim Final Rule issued on May 3 (see Fast-Fax 736).

6-AM and Morphine

Opiates, one of the ‘drugs’ tested for under the DOT 5-Panel are in fact not a unified, single substance, but instead a broad family that includes legitimate medications and illegal substances. Morphine, an opiate, is a legitimate pain management medication. Heroin, also an opiate, does not have any legitimate usage.

Heroin differs from Morphine in a variety of ways. Most importantly, in terms of drug testing, it is marked by a unique metabolite — 6-AM. When laboratories test your urine sample, they look for these metabolites as a sign of drug use. While heroin use may produce Morphine metabolites, it will also always produce 6-AM. However, Morphine (or any other drug) will never produce 6-AM: only Heroin will.

By this process, the MRO can tell if the positive test can be explained by the use of legitimate medication or not. Heroin has no legitimate use, so the MRO will know the positive cannot be explained away.

So What Has Changed?

During the last revision of the drug testing regulations, the DOT was confronted by industry figures who claimed that a provision of the rules was unnecessary. Under the current rules, if a laboratory finds 6-AM, the must consult with the laboratory about whether traces of morphine were also found in the sample. These traces would be lower than the normal cut-off level but higher than the laboratories’ minimum level of detection.

That was quite complicated, and, according to many of the experts that contacted the DOT, not necessary. DOT has agreed, and, in the Interim Final Rule, has removed the complicated relationship entirely.

The new regulations were scheduled to go into effect on July 3 of this year. ODAPC did not explain why they were delayed.

How Does This Affect You?

This is one of those ‘behind-the-scenes’ regulations that won’t affect you very much at all (unless you get a heroin positive). In reality, you probably won’t notice any changes.

The change does, however, streamline the process of identifying a heroin user; hopefully speeding up the time it takes to get the individual off the road.

Avoiding Trouble With Opiates

It is safe to claim that opiates are the cause of more unintentional violations of the regulations than any of the other controlled substances that the DOT tests for. Safety-Sensitive personnel need to be very careful when they are being prescribed a painkiller, as failure to follow the rules can lead to very serious consequences. Most importantly, they need to ensure that the doctor prescribing the drug knows that the patient drives a truck for a living.

In fact, this is good advice for any time a safety-sensitive individual is given a new prescription. If the individual is sent for a test, and has been taking a prescription opiate, the initial test will come back positive. The MRO will investigate, including contacting the prescribing doctor. One of the questions asked will be ‘were you aware of the patient’s job and would you still have prescribed this medication if you were?’ If the Doctor assures the MRO that they knew and that the medication will not affect the patient’s job-skills, the MRO will declare the test negative. If, however, the patient had not told the MRO that he or she was a truck driver the likely result is a confirmed positive test.

Ensure that all safety-sensitive personnel know to talk to their doctors BEFORE they start a new medication.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 112, No. 758 • © Foley Carrier Services, LLC. 2012

DOT Safety Regulation Update Fast-Fax™
Week of September 10, 2012
Foley Services Your Single Source for DOT Compliance

A Congressional hearing into the CSA compliance monitoring system did not go well for the Federal Motor Carrier Safety Administration. After bipartisan criticism, there were calls for the Government Accountability Office to investigate.

NOTE: Issue 755 was delayed in order to report on this hearing in a timely fashion.

As we lead up to the election in November, it is increasingly likely that bipartisanship will become a rare bird. As the parties jostle for positioning, they are less and less likely to try to find common ground.

Unless they are criticizing CSA, the Federal Motor Carrier Safety Administration’s compliance monitoring system, that is. In a highly contentious hearing last week, both Republicans and Democrats used strong terms to repudiate the program as unfair to carriers and lacking in common sense.

House Meeting

The meeting was called by Rep. John Duncan, R-Tenn., and was intended as a catch-up hearing for the House Subcommittee on Highways and Transit after a similar meeting of the House Small Business Committee, raised serious industry concerns about CSA.

In the Small Business Committee meeting, concerns were raised about the data quality FMCSA uses for CSA. Similarly, concerns were raised about the fact that crash accountability was not being considered in the Crash Indicator. SBC chair, Rep. Sam Graves, R-Mo. voiced his concern about carriers being attributed crashes that were not their fault.

Unlike the SBC, however, the Subcommittee on Highways and Transit has direct control over FMCSA. This meant that the stakes were higher; if the committee is not happy about what they hear, consequences were possible.

Bipartisan Criticism

Perhaps acknowledging that this meeting may have more of an effect on CSA’s future than the previous one, FMCSA Administrator Anne Ferro, personally attended the meeting. She was in for a rough ride as both Republicans and Democrats lashed out at the program.

“It’s been just a little over two years since — prior to [CSA’s] implementation — we held a hearing in this subcommittee regarding this new system, and at that time we expressed a number of concerns that still endure,” Rep. Peter DeFazio D-Ore. complained.

Particular concern was levied against the controversial scoring of carriers with crashes that were not deemed their fault. Currently, FMCSA gives the carrier similar scores for those crashes as for crashes where the carrier was at fault.

This, it has been argued, falsely gives the carrier a bad reputation. For its part, FMCSA insists that even with crashes that are not the carrier’s fault, just being involved in an accident makes the carrier statistically more likely to be in another accident.

“I’m still finding it hard to believe … I’m still having trouble with the validity of that conclusion of the study,” DeFazio said.

GAO Report

Rep. Don Young, R-AK was more direct in his criticism. Young complained that FMCSA was not listening to carriers and other stakeholders that were making valid points about flaws in the system. His frustration seemed to boil over when Ferro repeatedly claimed that the system was ‘sound’

“Then why are we having this hearing if it’s so sound? Someone doesn’t think it’s so sound,” Young said. “There are complaints, I have complaints. There is a reason for those complaints.”

Young went on to request that the Government Accountability Office investigate the CSA system. “It is our job to review and see if there is a problem. And if there is a problem, you will fix it. If you don’t, we will,” Young told Ferro.

The GAO acts as an investigative arm of the Congress. If the inquiry is authorized, the GAO will take a detail-level look at CSA and its state partners and report its findings back to Congress. While not binding, GAO reports are highly influential. A number of high profile transportation regulation changes have occurred after the GAO has become involved. Young has said that he will continue to request the GAO investigation.

Transportation Ticker

Pass Your Audit With These Record Rules. The Federal Motor Carrier Safety Administration (FMCSA) requires motor carriers to keep records to document compliance with the safety regulations. This documentation must be retained for varying lengths of time as established by the applicable regulations. This post discusses some of these recordkeeping requirements and was written to help carriers purge their files on a regular basis.

Organized Files Streamline Audits

During Safety Audits and Compliance Reviews, auditors will carefully comb through all the paperwork in your DOT compliance records...

For more on this story and for the rest of the industry news visit www.FoleyServices.com/News.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 112, No. 755 • © Foley Carrier Services, LLC. 2012

DOT Safety Regulation Update Fast-Fax™
Week of August 20, 2012
Foley Services Your Single Source for DOT Compliance

The Federal Motor Carrier Safety Administration is toughening its policy on allowing New Entrants to correct flaws found during the New Entrant Safety Audit.

The Federal Motor Carrier Safety Administration has published a new plan, cutting the time limit for New Entrants to correct problems found in a safety audit. The policy change was initiated as too many carriers were waiting the maximum amount of time before filing a corrective action plan.

New Entrant Safety Audits

A New Entrant Safety Audit is an unavoidable rite of passage for any motor carrier looking to get started. Unlike a Compliance Review or roadside inspection, the NESA is designed to be more educational as opposed to punitive.

New Entrants are measured against 16 criteria regarding the regulations. These ‘16 Deadly Sins’ are used to educate carriers about the regulations and to ensure that they are following them. If a carrier is found to have violated any of these criteria, they have thirty days to file a plan with FMCSA to file a plan proving that they are working to come into compliance.

New Plan; Tighter Timelines

Under the new policy, the New Entrant Carrier must submit a corrective action plan within 15 days of the audit with some violations requiring an accelerated submission within 10 days of the audit.
The consequences of not complying with these rules can be severe. FMCSA will review the corrective action plan within 30 days of the audit, as required by law. If a carrier does not get their plan in within the time limits, the agency claims it may not review them. Therefore the carrier would lose their authority and be forced off the roads, at least for another month.

Slow Carriers

FMCSA was prompted to this action by the overwhelming number of New Entrants that were waiting the maximum amount of time to file their plan. As it took time for FMCSA inspectors to review the plan and ensure that the carriers were in compliance, non compliant carriers were being kept on the road for far longer than they should have.

Intensifying Safety Audits

This move is the latest by FMCSA to intensify the NESA. While the Audit is still intended to be educational, it is clear that the agency is trying to show that NESA does actually have some teeth.
Earlier this year, FMCSA made it known that violating the following regulations would result in expedited action:

• Using a driver not possessing a valid commercial driver’s license to operate a commercial vehicle as defined under 49 CFR Part 383.5. An invalid commercial driver’s license includes one that is falsified, revoked, suspended, expired, or missing a required endorsement.
• Operating a vehicle placed out of service for violations of the Federal Motor Carrier Safety Regulations or compatible State laws and regulations without taking necessary corrective action.
• Being involved in, through action or omission, a hazardous materials reportable incident, as described under 49 CFR Parts 171.15 or 171.16, involving:
• A highway route controlled quantity of certain radioactive materials (Class 7).
• Any quantity of certain explosives (Class 1, Division 1.1, 1.2, or 1.3).
• Any quantity of certain poison inhalation hazard materials (Zone A or B).
• Being involved in, through action or omission, any two or more hazardous materials reportable incidents as described under 49 CFR Parts 171.15 or 171.16, involving hazardous materials other than those listed above.
• Using a driver who tests positive for controlled substances or alcohol or who refuses to submit to required controlled substances or alcohol tests and who has not completed the Return-to-Duty process.
• Operating a commercial motor vehicle without the levels of financial responsibility required under 49 CFR Part 387.
• Having a driver or vehicle out-of-service rate of 50 percent or more based upon at least three inspections occurring within a consecutive 90- day period.

Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 112, No. 752 • © Foley Carrier Services, LLC. 2012